The United Nations Commission on International Trade Law definition

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Ireland—Methods of alternative dispute resolution

Ireland—Methods of alternative dispute resolution This Practice Note provides an overview and introduction to forms of alternative dispute resolution commonly used to settle disputes in Ireland: direct negotiation, mediation, adjudication, arbitration and conciliation. It provides an overview of the key features of these forms of alternative dispute resolution and the governing legislation, namely, the Mediation Act 2017 (Ireland) (MA 2017 (IRL)), the Construction Contracts Act 2013 (Ireland) (CCA 2013 (IRL)) and the Arbitration Act 2010 (Ireland) (AA 2010 (IRL)). Forms of alternative dispute resolution Alternative dispute resolution (ADR) provides a voluntary alternative to litigation to settle civil disputes. The most popular ADR methods used in Ireland will be well recognised to those practising in other common law jurisdictions: arbitration, mediation, direct negotiation and construction adjudication. The process of conciliation, commonly used in Ireland for the resolution of both employment and construction disputes, will often not be familiar to those who practice elsewhere. There is also modest use of other processes on the ADR spectrum, such as expert determination. Likewise, escalating...

Law of the arbitration proceedings—curial law or lex arbitri (England and Wales)

Law of the arbitration proceedings—curial law or lex arbitri (England and Wales) STOP PRESS: This Practice Note has been updated in light of the new Arbitration Act 2025 and contains reference to amended provisions in the Arbitration Act 1996. For further information on when the new act comes into force see Practice Note: When will the Arbitration Act 2025 come into force? This Practice Note considers the procedural law of arbitration proceedings and how it is determined under the law of England and Wales (England and English are used as convenient shorthand). The procedural law of the arbitral proceedings The procedural law of an arbitration is also called the 'lex arbitri' or the 'curial law'. It provides the framework for the internal procedure of the arbitration itself and the power of the courts supervising and supporting the arbitration. The detail of how an arbitration is to be proceeded is usually determined by any applicable arbitration rules, the procedural orders of the tribunal, and the parties' agreement. The curial law can,...

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Hong Kong—ad hoc arbitration clause

Produced in partnership with Shaun Wu of Kobre & Kim Ad hoc arbitrations are conducted according to procedures either agreed between the parties themselves or as laid out by the arbitral tribunal. In Hong Kong, all arbitration proceedings are governed by the Arbitration Ordinance (Cap 609) (as in England, arbitrations are

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UK says NY Convention doesn’t kill sovereign immunity

Law360, London: Ratifying the New York Convention isn't enough to strip away a state's right to plead sovereign immunity in a later dispute over a contract that might be subject to the convention's rules, a London court has ruled.